Da pedofilia: uma análise sobre a (in) eficácia do tratamento jurídico-penal

Abstract

The sexual practices of adults with children date back to the dawn of humanity, having changed, over time, its significance to society, leaving to be considered a normal practice, tolerable to acquire the current criminal connotation, in which “child sexual abuse”, “child sexual exploitation” and “pedophilia” are constantly used as synonymous expressions, hindering the objective comprehension of the phenomena. Child sexual abuse is a generic term characterized by all sexual intervention perpetrated against child, which encompasses as much child sexual abuse in the strict sense, the child sexual exploitation, as pedophilia, as sexual practices arising from pedophilia, not to be confused with them. Pedophilia is a paraphilia, a psychosexual disorder characterized by sexual attraction compulsive and oppressive for prepubertal children or at onset of puberty. It is the propelling force of sexual wrongdoing perpetrated by individuals with this sexual disorder, so in that they differ from the other sexual abusers, who sexually abuse a child boosted by several factors of sexual predilection for infants. It happens that, notwithstanding the huge distance between the authors of sexual offenses against children or adolescents, not rarely the same are treated without any distinction, being applied to them the same treatment legal-criminal. A severe problem to be solved, needs a closer examination of the theme, based on scientific aspects, especially those brought to light by Psychology, Psychiatry and by the Law. The aim of the present theoretical effort was discuss in-efficacy of the legal treatment applied to pedophile, presenting as a viable and effective solution that acts on the etiology of the problem, consisting in the application of the security measure, whose main purpose is the prevention, and to prevent the occurrence of new offenses.